The keys to getting a refund from Ford Australia

NOT only are thousands of unhappy customers confronting Ford in a class action, many are taking on the carmaker on their own — and winning.

Paul and Vicki Letcher are taking on Ford over their dodgy vehicle. Picture: David Crosling

• Seven-step guide to getting a refund from Ford

NOT only are thousands of unhappy customers confronting Ford in a class action, many are taking on the carmaker on their own — and winning.

Some, such as Rosalie Rostan, have obtained refunds in direct negotiation, while others are succeeding by holding the $67 billion company to account through consumer tribunals.

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After returning her car to the dealership five times in five weeks, Miss Rostan, of Melbourne, confronted the boss and got her money back.

She recommended being proactive and persistent.

“We are going to fight this.” Paul and Vicki Letcher. Picture: David Crosling

“Don’t give up,” Miss Rostan, of Melbourne, said.

News Corp Australia is aware of other consumers obtaining refunds after filing proceedings in their state’s consumer tribunal. Their stories, however, cannot be told because they have been made to sign nondisclosure agreements, which may be unlawful.

The Letchers, pictured, recently commenced action in the Victorian Civil and Administrative Tribunal (VCAT). When the Melbourne couple had first asked for a refund or replacement, they were told that couldn’t happen. That too may be unlawful.

It was put to them that they had to make a “contribution” towards a replacement.

Under a “staff discount” offer, they were asked to find an extra $12,000.

The Letchers told the dealership they were only willing to put in $2000. After a lengthy process through a Ford “case manager” and a “review panel”, their dealership asked for $6500.

That too was rejected and the Letchers, of Melbourne, were forced to head to VCAT, arguing their Focus Trend automatic has major failures, as defined by the Australian Consumer Law (ACL). They say it is not of “acceptable quality” because it is not “free from defects” or “durable” and that a reasonable person would not have bought it if they had known it would persistently shudder and need two clutch replacements inside 20,000km of use.

“The way they have treated us, out of principle, we are going to fight this,” Mr Letcher said.

Some owners who are considering action have expressed confusion about whether to commence proceedings against the dealership or Ford Australia.

Go after both, said consumer law expert Mike Daniel of Resolve Litigation.

“There is probably an advantage in bringing your claim against two parties,” Mr Daniel said. “You make more of a nuisance of yourself.”

Some owners who have tried to pursue Ford through a tribunal have been told they’ve run out of time. Mr Daniel said the deadline for filing can be as little as three years from the purchase date. The ACL says the clock starts “when you become aware, or ought reasonably to have become aware of the problem”.

Mr Daniel said even after three years it was not the end of the road: “You could bring a claim in the local court which has a six-year statute of limitations.”

The Consumer Action Law Centre said the time limit on legal action depended on what your legal claim was — for a breach of consumer guarantees by the manufacturer under the ACL, it would be three years.

“In Victoria, an owner has six years from when the cause of action arose to bring an action against the car yard in VCAT,” a Consumer Action lawyer said.

If VCAT finds in the Letchers favour they will be entitled to a refund.

Today, Public Defender offers a step-by-step guide to pursuing a refund from Ford. About 70,000 people have bought the 2011-16 vehicles that are allegedly of unacceptable quality.

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